| | | 6.__Fees and costs.__If the department prevails in an action | | under this section, the department and the Attorney General are | | entitled to an award of the reasonable costs of deposition | | transcripts incurred in the course of the action and reasonable | | attorney's fees, expert witness fees and court costs incurred in | | the action. |
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| | | The department shall maintain records of all applications for | | a certificate of public advantage, together with the records of | | all submissions, comments, reports and department proceedings | | with respect to those applications, certificates approved by the | | department, continuing supervision and any other proceedings | | under this chapter. |
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| | | §1847. Judicial review of department action |
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| | | An applicant, certificate holder or intervenor aggrieved by a | | final decision of the department in granting or denying an | | application for a certificate of public advantage, refusing to | | act on an application or imposing additional conditions or | | measures with regard to a certificate of public advantage is | | entitled to judicial review of the final decision in accordance | | with the Maine Administrative Procedure Act. |
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| | | §1848.__Attorney General authority |
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| | | 1.__Investigative powers.__The Attorney General, at any time | | after an application or letter of intent is filed under section | | 1844, subsection 2, may require by subpoena the attendance and | | testimony of witnesses and the production of documents in | | Kennebec County, or the county in which the applicants are | | located, for the purpose of investigating whether the cooperative | | agreement satisfies the standards set forth in section 1844, | | subsection 5. All documents produced and testimony given to the | | Attorney General are confidential. The Attorney General may seek | | an order from the Superior Court compelling compliance with a | | subpoena issued under this section. |
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| | | 2.__Court action; time limits.__The Attorney General may seek | | to enjoin the operation of a cooperative agreement for which an | | application for a certificate of public advantage has been filed | | by filing suit against the parties to the cooperative agreement | | in Superior Court. The Attorney General may file an action before | | or after the department acts on the application for a | | certificate; however, the action must be brought no later than 40 | | days following the department's approval of an application for a | | certificate of public advantage. After the filing of a court | | action under this subsection, the department may not take any |
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